Colloquial term for Data Protection Commission (Ireland) v. Facebook & Schrems. See "Max Schrems." The Irish Data Protection Commission brought the case to the Irish High Court seeking a referral to the CJEU (see "CJEU"). The Irish High Court referred 11 specific questions to the CJEU related to the use of EU-approved data transfer mechanisms, which the DPC felt required answers before completing its investigation into the validity of Facebook Ireland’s transfers of Max Schrems’ personal data to Facebook Inc, using standard contractual clauses as the legal basis for transfers. The case challenged the validity of standard contractual clauses for the transfer of personal data from the EU to the United States, on the same grounds Schrems used to challenge the Safe Harbor adequacy agreement (see "Schrems I"). On July 16, 2020, the Court of Justice of the European Union invalidated the European Commission’s adequacy determination for Privacy Shield, and placed additional requirements for companies using standard contractual clauses to third countries outside the EU.
Schrems II (aka Schrems 2.0)
Schrems II: Facebook's request to appeal
The Schrems II case was halted by the Irish high court in October 2017 so that certain questions could be referred to the Court of Justice of the European Union. Then, in May 2018, the high court finalized and submitted eleven questions to the CJEU. Facebook launched an appeal of the high court’s ru...
IAPP FAQs: What does the CJEU's 'Schrems II' case mean for data transfers?
Are standard contractual clauses still valid? Yes. The Court of Justice of the European Union has been asked a number of questions about transfers of personal data to the U.S., where the transfers are made on the basis of EU Commission–approved SCCs. The hearing took place July 9, but a decision ...
CJEU's hearing on 'Schrems II' has both sides worried ruling could be sweeping
The Court of Justice of the European Union hearing in case 311/18, also known as "Schrems II," stretched arguments to the limit Tuesday. In a mammoth eight-hour session, the court heard from the Irish Data Protection Commissioner, Facebook, the Electronic Privacy Information Center, DigitalEurope, ...
Could the CJEU upend the global framework for data flows by answering a different question?
This week, the Court of Justice of the European Union will hear the Schrems II case. The case focuses on Facebook’s transfer of personal data to the U.S. using standard contractual clauses and whether those EU-approved commercial contracts meet European legal standards for government access to data....